EMMANUEL KOFI BRACE VRS PRISCILLA APPIAH KOFI (C5/23/23) [2023] GHACC 875 (1 June 2023)

EMMANUEL KOFI BRACE VRS PRISCILLA APPIAH KOFI (C5/23/23) [2023] GHACC 875 (1 June 2023)

The marriage has broken down beyond reconciliation as the parties have not lived together as husband and wife for more than two years preceding the petition, and both parties consent to the dissolution. This satisfies Section 2(1)(d) of the Matrimonial Causes Act, 1971 (Act 367).

Citation
[2023] GHACC 875
Parties
Petitioner: Emmanuel Kofi Brace; Respondent: Priscilla Appiah Kubi
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
1 June 2023
Case Number
C5/23/23
Procedural Posture
Divorce Petition / Judgment
Outcome
Petition for dissolution of marriage granted.
Legal Topics
Divorce, Custody, Maintenance, Division of Matrimonial Property
Source Language
English
Family Law Divorce Custody Maintenance Division of Matrimonial Property

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Parties

Emmanuel Kofi Brace

Petitioner

Priscilla Appiah Kubi

Respondent

Procedural Posture

Divorce Petition / Judgment

Legal Issues

  1. 1 Whether the marriage between the parties has broken down beyond reconciliation

Ratio Decidendi

The marriage has broken down beyond reconciliation as the parties have not lived together as husband and wife for more than two years preceding the petition, and both parties consent to the dissolution. This satisfies Section 2(1)(d) of the Matrimonial Causes Act, 1971 (Act 367).

Court Disposition

Petition for dissolution of marriage granted.

Orders

  • Marriage between the parties celebrated on 23rd December 2006 is dissolved.
  • Marriage certificate is cancelled and the church administrator to be notified for record amendment.